Timothy D’Arduini, Amanda Collins and Caitlin Barden Write Law360 Article About Anti-Discrimination Practices for Employers
Quarles & Brady Immigration attorneys Timothy D’Arduini, Caitlin Barden and Labor & Employment attorney Amanda Collins wrote a Law360 article with contributing author, Quarles & Brady law clerk Nicholas Lowrey. The article summarizes the relevant anti-discrimination laws and regulations affecting employers' hiring and recruiting practices, current trends in IER investigations, penalties for discrimination violations and proactive tips for avoiding and responding to investigations.
The Immigration and Nationality Act, at Title 8 of the U.S. Code, Section 1324b, prohibits discrimination based on national origin or citizenship in hiring and recruiting. Specifically, the INA prohibits employers from discriminating against citizens or nationals of the United States, legal permanent residents, refugees and asylees. The INA further prohibits unfair documentary practices during the employment eligibility verification process.
The key takeaway to protect your company: Step back and review your recruiting and hiring processes. Implement policies and procedures that prohibit discrimination based on citizenship status or national origin
Specifically, Section 1324a of the INA and its implementing regulations require employers to verify their U.S. employees' identity and employment authorization by completing Form I-9 within three days of an employee's start date. When completing this form, employers must physically inspect documents that verify an employee's identity and U.S. employment authorization.